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Punishment tariffs


Eagle

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Eagle

It will never happen, three years and that in youth custody and thats if they are unlucky.

Lets face it the punishment never fits the crime anymore and the kids know they will get lightly whatever they do, all the they have to do is cry my dad hit me on the bum when i was two and now i am severly traumatised...

 

 

Steve

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  • 3 months later...

Notice, within a year of being sentenced; the Newlove killers are appealing their sentence; how/why? :? If the original Judge applied the normal tarrif (which most would claim to be too lenient); what excuse can there be for an appeal, other than for tax=payers to boost the earnings of the legal profession? :roll::twisted:

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The appeal will be based on comparable cases. As the judiciary are inept at providing consistency then the CPS would have trouble in saying no to a potential appeal.

 

However those boys be warned. On appeal a judge (no jury) has a right to lower and RAISE tarrifs. With no lack of remorse shown at trial by any of these and a history I think that risk of a rise is higher than normal.

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1 is an appeal on conviction and both on sentence.

 

An appeal (or leave to appeal) can be made immediately before the trial judge or within 14 days thereafter. Those are the rules.

 

Other appeals later involve other legistltion relatign to overturnign unsafe convictions.

 

An appeal on sentance can only be made if the judge has erred in law or erred based on the facts.

 

I suspect the conviction apepal is latter and the tarrif appeal is former.

 

As I said, there is such diversity in sentances and tarrifs that virtually all tarrifs coudl eb subejct to appeal. The risk is they up it which they may well in this case. If the apepal is unfouned and has little merit, this increases the risk.

 

To appeal on conviction requires pretty good evidence to support either a reduced gultiy plea i.e. manslaughter or dismissal in its entirety. If not then as stated, the risk of an increase goes up.

 

Lets wait and see what they say in court.

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